The Guiding Case System in Mainland China

Frontiers of Law in China, Vol. 10, No. 3.

26 Pages Posted: 1 Sep 2013 Last revised: 5 Nov 2015

See all articles by Jinting Deng

Jinting Deng

Renmin University of China, Law School

Date Written: August 14, 2013

Abstract

Since the establishment of the guiding case system in December 2010, the Supreme People’s Court of China has issued 31 guiding cases. This article discusses the background, purposes and functions, ways to function, generation, and effects of the guiding case system. It compares it with ancient Chinese guiding case systems, and the common law system from these perspectives. Upon analysis of these comparisons, I argue that the current guiding case system is neither an extension of the ancient Chinese guiding case systems nor a transplant of the common law system. However, I also argue that the current guiding case system and common law system have the tendency to become more and more similar systems in reality.

Keywords: China, common law, guiding case, ancient China, Chinese law, precedent

JEL Classification: K10, K40, N40, N45

Suggested Citation

Deng, Jinting, The Guiding Case System in Mainland China (August 14, 2013). Frontiers of Law in China, Vol. 10, No. 3. , Available at SSRN: https://ssrn.com/abstract=2318958 or http://dx.doi.org/10.2139/ssrn.2318958

Jinting Deng (Contact Author)

Renmin University of China, Law School ( email )

59 Zhongguancun Avenue
Haidian District
Beijing, 100872
China

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